Simic v New South Wales Land and Housing Corporation

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, GAGELER, NETTLE AND GORDON JJDANIEL MATTHEW SIMIC & ORS  APPELLANTSANDNEW SOUTH WALES LAND AND HOUSING CORPORATION & ORS  RESPONDENTSSimic v New South Wales Land and Housing Corporation[2016] HCA 477 December 2016S136/2016ORDER1.Appeal allowed.2.Special leave be granted to the first respondent to cross-appeal.3.The cross-appeal by the first respondent be treated as instituted and heard instanter and allowed.4.Special leave be granted to the second respondent to cross-appeal.5.The cross-appeal by the second respondent be treated as instituted and heard instanter and allowed. 6.Set aside the order of the Court of Appeal of the Supreme Court of New South Wales made on 18 December 2015, and in its place order that:(a)the appeal be allowed in part;(b)the cross-appeal by the first respondent be allowed;(c)the second respondent be granted leave pursuant to s 500(2) of the Corporations Act 2001 (Cth) to commence and proceed with its cross-appeal against the third respondent;(d)the second respondent be granted leave to file its amended notice of cross-appeal;(e)the cross-appeal by the second respondent be treated as instituted and heard instanter and allowed;(f)orders 1 and 4 of the Supreme Court of New South Wales made on 24 March 2015 be set aside, and in their place it be ordered that:(i)the bank guarantees issued by the defendant/cross-claimant dated 16 April 2010 and numbered 108781 and 108783 be rectified by substituting the words "New South Wales Land and Housing Corporation ABN 24 960 729 253" for the words "New South Wales Land & Housing Department Trading As Housing NSW ABN...